We will explain the basics of each one here. If you have specific questions, call your union or the Wage and Hour Division of the:

Maine Department of Labor: 207-623-7900 TTY 1-800-794-1110,

or

U.S. Department of Labor: 1-886-487-9243 TTY 1-877-889-5627

NOTE: Maine also has a Maine Family Care Act which allows eligible Maine workers to use up to 40 hours of earned paid leave to care for sick family members. This Act is not covered here. Maine Equal Justice posts a nice summary of the Maine Family Care Act (large .pdf; scroll down to pages 1-2).

Maine Family Medical Leave Requirements

Who does the Maine law cover?

The Maine law covers people who work for:

An employer with 15 or more workers at one location,

Any state agency, or

Any city, town or municipal agency that has 25 or more workers

You must have worked for the same employer for 12 months in a row before taking this leave.

When can I take a leave?

You can take the leave if:

You or your spouse, domestic partner, child, domestic partner's child, parent, or sibling who lives with you, has a serious health condition

You, your spouse or your domestic partner are giving birth to a child (covers both fathers and mothers)

You, your spouse or your domestic partner is adopting a child who is 16 or younger

You are donating an organ for transplant

You have a family member who dies or is seriously injured due to military service

The Maine law defines "serious health condition" as one that requires a hospital stay or continuing treatment.

A “domestic partner” has lived with you for at least 12 months, is your sole partner, and shares financial, living, and other arrangements.

How long is the leave?

You can take up to 10 work weeks of leave in any two year period.

Can I take leave on a part-time basis?

If you need leave due to:

your own serious health condition,

a family member's serious health condition, or

because you are donating an organ

you can take leave intermittently or on a reduced schedule, up to the equivalent of 10 regular work weeks. Your employer may transfer you to a job that better accommodates your leave schedule.

Leave for the birth or adoption of a child may be intermittent or on a reduced schedule, but only if you and your employer both agree.

Do I get paid during the leave?

The law does not require paid leave. If your employer gives paid sick leave or vacation, you may use any paid time off during your family medical leave, but you cannot add it to your 10 weeks of family medical leave unless your employer agrees. Your employer can make you use your paid time off during your family medical leave, instead of saving it for a vacation or sickness later in the year.

What about other benefits, like health insurance?

Your employer must continue your benefits while you are on leave. You must pay for those benefits unless your employer offers to pay.

Do I have to give notice that I am planning to take the leave?

Yes. You must give at least 30 days notice before taking the leave. You must tell your employer the date you plan to start and end the leave. If you can't give this notice because of a medical emergency, you must tell your employer as soon as possible.

Can I get my job back when I return to work?

Your employer must give you the same job, or an "equivalent" job. This means a job with the same pay and benefits, seniority status, and working conditions. However, decisions and conditions that would have affected your job if you had not been on leave may still apply. For example if everyone in your job class is laid off during your leave, you could be laid off as well.

What if my employer doesn't agree that I need the leave, or thinks I should come back to work sooner?

Your employer can require a doctor's statement to verify the reason for your leave or the amount of time you need. If you don't use traditional care because of your religious beliefs, you can get a statement from an "accredited practitioner" of the healing methods you use.

What if my employee handbook or collective bargaining agreement has better leave?

The purpose of the law is to give some rights to workers who do not have adequate leave time already. Your workplace may give you leave time beyond the minimum set by law.

What if my employer violates this law?

If you qualify for leave under this law, it is illegal for your employer to deny leave or penalize you in any way for taking leave.

You may be able to get your job back or reach a favorable settlement without going to court. You can file a complaint with the Maine Department of Labor: 207-623-7900 TTY1-800-794-1110. They may be willing to contact your employer and advocate for a favorable outcome. However, if this doesn't bring the results you are looking for, your next step would be going to court.

The court can order any employer who violates this law to:

stop violating the law

give you back pay or

pay you $100 "for each day the violation continues"

pay twice the amount of lost pay as a penalty

repay you for reasonable attorney’s fees

The absolute deadline for filing a claim under this law is 6 years from the date of the violation.

Federal Family and Medical Leave Act

Who is covered?

This law applies to workers at larger companies. Your workplace must have at least 50 workers within 75 miles of your workplace. The law also applies to all federal, state and local government agencies, including schools.

You must have worked for at least 1,250 hours during the past 12 months. Also, you must have worked for your employer for at least 12 months. These months do not have to be consecutive, or all at one time.

When can I take the leave?

You can take leave:

Because of a "serious health condition" that makes you unable to do your job

For the birth of a child and to care for the newborn

For adopting a child or getting a foster care child

To care for your spouse, child, or parent who has a "serious health condition"

To make arrangements and attend activities when a spouse, child or parent in the National Guard or Reserves is on active duty or has been called to active duty

To care for a seriously injured or ill parent, child or spouse who is a member of the Armed Forces

What is a "serious health condition"?

An illness or injury that requires an overnight stay in a hospital, plus follow-up care.

Inability to work due to pregnancy or prenatal care.

An illness that prevents you from working and doing regular activities for more than 3 whole days in a row, plus a doctor’s visit within 7 days and a follow-up visit within 30 days.

An illness that prevents you from working and doing regular activities for more than 3 whole days in a row, plus ongoing medical treatment starting within 7 days.

A chronic condition that causes you to see a doctor two or more times per year.

Permanent or long-term incapacity that cannot be treated, like Alzheimer’s.

How long is the leave?

You can take up to 12 weeks during a 12 month period. You do not have to use the 12 weeks all at one time. Your employer may count the 12 months in one of several ways.

If you and your spouse work for the same employer, you are limited to a combined 12 weeks of leave for the birth or adoption of a child, or placement of a foster child.

If you need leave due to your own or a family member’s serious health condition, you can take leave intermittently or on a reduced schedule, up to the equivalent of 12 regular work weeks. Leave for the birth or adoption of a child may be intermittent or on a reduced schedule, but only if the employer and employee both agree.

Leave to care for a seriously injured or ill parent, child or spouse who is a member of the Armed Forces may last 26 weeks. This leave may be intermittent.

When you take intermittent leave for scheduled medical treatments, for yourself or a family member, you must make a reasonable effort to schedule the treatments so they do not disrupt the workplace.

Note: Some special rules apply to "instructional employees" of elementary and secondary school employees who want to take intermittent leave, end-of-the-year leave, or a reduced schedule.

Do I get paid during the leave?

As with the state leave, employers are not required to give paid leave. If you have paid sick leave or vacation time, you can use this paid leave during the 12 week Family Medical Leave.

What about other benefits, like health insurance?

Your employer must continue health benefits on the same terms as if you were working. If you do not return to work at the end of the 12 week leave, your employer can require you to repay any health insurance premiums paid on your behalf during the leave.

Do I have to give notice that I am planning to take the leave?

Yes. As with the state law, you must give at least 30 days notice before taking the leave. If you can't give 30 days notice because of a medical emergency, you must follow your employer's normal policies for reporting an absence.

Can I get my job back when I return to work?

Your employer must give you the same job, or an "equivalent" job. This means a job with the same pay and benefits, seniority status, and working conditions. However, decisions and conditions that would have affected your job if you had not been on leave may still apply. For example if everyone in your job class is laid off during your leave, you could be laid off as well.

What if my employer doesn't agree that I need the leave, or thinks I should come back to work sooner?

You must give your employer enough information to determine that you qualify for Family Medical Leave. Your employer can require "certification" from a health care provider that you or your family member has a qualifying “serious health condition.” Your employer can require second or third opinions, at its expense. Your employer can contact your health care provider to clarify your leave request, but your direct supervisor cannot be involved. At the end of your leave, your employer can require you to provide a “fit for duty” certification that states you can do your usual job duties. If you are taking intermittent leave, your employer can require a "fit for duty" certification that states you can perform those duties intermittently.

If I qualify under both the state and federal laws, can I add the leaves together to take the maximum amount of time under both laws?

No. Any leave time you take under the state law is offset against your federal leave time.

Where there is conflict between state law and federal law, or between the law and your employer's policy, you can use the most generous rule.

What if my employer violates this law?

You have the right to enforce this law in court. The court can order your employer to pay:

Lost wages and other benefits

Reimbursement for other expenses

$100 per day for each day the violation continues

Interest

Attorney's fees and court costs.

You can also file a complaint with the U.S. Department of Labor, Wage and Hour Division: 1-886-487-9243 or TTY 1-877-889-5627. This agency also has the power to enforce the law and to fine an employer who violates it.

The absolute deadline for filing a federal Family Medical Leave Act claim is 2 years from the date of the violation, or 3 years from the date of a willful violation.